- advising a major Russian bank’s subsidiary on sanctions legislation, including EU and US requirements, in connection with the structure of commercial relationships in the energy trade involving companies in the UAE, Iran, Turkey, Mauritius and South Africa as well as analyzing the potential risks associated with making payments in different currencies, preparing a memorandum and providing recommendations related to the project’s structure
- advising a major Russian telecommunications company on sanctions compliance and adherence to export controls on a wide range of practical cases as well as providing advice on risk assessment, mitigation and internal compliance procedures
- successfully representing a major Russian company’s interests in relation to the British regulator OFSI and an English branch of a German bank to unfreeze over EUR 7m frozen due to the involvement of a sanctioned bank in the payment route
- analyzing sanctions risks under EU law for a Dutch subsidiary of a global vertically integrated oil company
- drafting a legal opinion for a major international bank to submit an application to SECO (Swiss sanctions regulator) requesting authorization for payments of frozen funds in favor of a client in Switzerland in order to avoid forced a write-off by a Russian court using the bank's assets in Russia
- representing a Russian company in a case for the return of funds frozen by German and British banks due to sanctions
- drafting a legal position on applicable US general licenses (other exemptions) for consumer communication devices and assessing the feasibility of applying said exemptions
- drafting a legal position on applicable sanctions restrictions related to cross-border financial transactions between bank accounts of a group of companies located in the jurisdictions of the Russian Federation, UAE, and Kyrgyzstan
- advising a client on the impact of EU, US and Russian countersanctions restrictions on the potential repayment of a debt provided by entities from a group of companies, namely a Russian company (lender) to a European company (borrower) under a loan agreement
- advising a Chinese corporation on how to comply with the US, EU and Russian countersanctions regulations when establishing subsidiaries in the Russian Federation to invest in the supply of food, minerals and other products from the Russian Federation to foreign markets
- advising an international manufacturer of filtration, separation and purification products on contract termination and cessation of supplies due to the imposition of restrictive measures
- accompanying a textile materials manufacturer in coordinating the acquisition of a Russian company with the Subcommission under the Presidential Decrees of 2022
- advising a major European bank on a prospective transaction related to the potential sale of a Russian subsidiary engaged in commercial activities
- advising on regulatory restrictions and coordinating the Russian management’s acquisition of a company producing equipment for the automotive industry with the Subcommission
- advising Russian and foreign clients on various issues related to the effect, application and impact on business processes of Russian restrictive measures (including measures introduced in Russia in 2022–2024)
- advising clients on structuring transactions and obtaining the consent of the Subcommission under the restrictive measures adopted in 2022
- advising clients on issues related to Russian law arising in connection with the possibility of exemption from contractual liability, as well as the termination or amendment of contracts due to restrictive measures on foreign trade or Russian restrictive measures (e.g., the application of such instruments as force majeure, material change of circumstances and impossibility to perform the contract)
- advising on Russian legal issues regarding the scope and validity of contractual provisions obliging a Russian counterparty to comply with anti-Russian restrictive measures in foreign trade; advising both at the contractual drafting stage and at the dispute stage (e.g., in connection with Russian counterparties' failure to comply with the relevant provisions), including providing support during negotiations and preparing pre-trial agreements on the settlement of disagreements
- advising on the application of Articles 248.1 and 248.2 of the Russian Federation Code of Civil Procedure (exclusive jurisdiction of state commercial courts of the Russian Federation over disputes involving persons subject to restrictive measures, as well as the prohibition to initiate or continue proceedings on disputes involving persons subject to restrictive measures)
Practices
Restrictive Measures
Our team provides legal support to clients on a wide range of matters related to the sanctions and export control regulations of foreign countries. Our services are related to sanctions screening, compliance, and the application of other restrictive measures.
We support clients in their projects related to the implementation of special economic measures provided by Russian law in connection with countering foreign sanctions and stabilizing the Russian economy.
Many clients are currently facing restrictive measures when conducting their activities and making structural decisions regarding their business in Russia, especially when foreign elements are involved and their activities are closely related to the purchase of foreign components, equipment and services or the sale of products to foreign partners.
We can help you navigate the often obscure rules and requirements of foreign sanctions regulations and Russian countersanctions legislation. Our recommendations are aimed at achieving a balance between practical and safe business solutions.
- advising on current restrictions imposed by the sanctions regulations and export control measures of foreign countries directly affecting businesses
- advising corporate clients on sanctions imposed by foreign countries (including the US, EU and UK)
- sanctions screening: checking the status of a counterparty or partner in terms of applicable sanctions restrictions
- advising on foreign trade issues and export control restrictions
- providing legal support regarding payments and unblocking funds
- analyzing transactions and commercial operations for potential risks in terms of the adopted restrictive measures
- developing and implementing compliance mechanisms related to the prevention of potential risks caused by restrictive measures
- advising on countersanctions and special economic measures established on the basis of decrees of the President of the Russian Federation and regulatory acts adopted in their development
- resolving client issues with the Subcommission of the Government Commission for Control of Foreign Investments as well as with other governmental bodies regarding clearing transactions and operations requiring approval under the countersanctions regulation and under the Presidential Decrees
- developing business strategies in the context of the adopted restrictive regulations
- advising on crisis management and providing legal support in the event of suspension or termination of a company's operations, including legal defense
- resolving legal disputes related to sanctions restrictions and countersanctions
Key contacts